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Journal of Regulatory Compliance

Federal Relief of Regulatory Oversight Burdens in Medicaid Final Rule   

Federal Relief of Regulatory Oversight Burdens in Medicaid Final Rule    Perri Nena Smith Senior Editor Loyola University Chicago School of Law, JD 2021   The Centers for Medicare & Medicaid Services (“CMS”) refined the Medicaid and Children’s Health Insurance Program (“CHIP”) Managed Care final rules. CMS originally released the final rules in 2016 and another …
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Investing in Income Sharing: Why Regulators Should Pay Attention to the Innovative Set Up Now

As of November 8, 2020, the student debt crisis reached $1,769,280,155,524. There’s no easy way to address a $1.7 trillion problem and the increasing cost of higher education, coupled with the necessity of a four-year degree, will only exacerbate the issue. From 2000 to 2016, the average annual cost of college more than doubled, from around $15,000 a year to nearly $32,000. The New York Fed most recently identified a phenomenon acknowledging that when you flood the marketplace with subsidies, like grants, loans, etc., it enables higher education to continue to raise prices. For every dollar of new public subsidy, prices for college have risen between 60 and 70 cents. There are a number of proposals as to how to address this crisis – from federal statutes to private intervention – but income sharing agreements (ISAs) have largely been left out of the conversation. ISAs are not without criticism, particularly because of concerns about excessive interest. However, many of the criticisms could and should be addressed by comprehensive regulation, as any other type of lending has been. ISAs will likely be part of the future solutions of financing education and, as a result, regulators need to pay attention.

Journal of Regulatory Compliance Call for Papers: Spring 2021 Issue – Employment Issues in the Time of COVID-19

As the world grapples with the COVID-19 pandemic, the legal community has ramped up efforts to identify challenges and manage risks. In recognition of the employment implications of the COVID-19 pandemic, the Journal of Regulatory Compliance invites original submissions for publication in our Spring 2021 issue. The official Journal of Regulatory Compliance is a bi-annual …
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Business Interruption Insurance Coverage During COVID-19 Era

Due to the COVID-19 pandemic, state and local municipalities have issued emergency proclamations requiring small businesses to either shut down or limit their business operations. This has caused small businesses to suffer substantial profit losses. In response, small businesses have filed business interruption claims with their insurance providers to recover their profit losses. However, insurance companies have mostly rejected their insureds’ business interruption claims because there has not been a direct physical loss or damage to the insureds’ properties, which is required to grant business interruption coverage. Businesses have been forced to file lawsuits against their insurers, hoping that the courts will compel insurance companies to provide business interruption coverage to their insureds during the pandemic. Business owners have also asked their elected officials to intervene and help them by passing legislation that would require insurance companies to provide business interruption coverage.

The Death of Neutral Corporations

The current social and political climate, as well as our planet’s environmental climate, have shown the new role that corporations play in society. The pandemic and the current social upheaval seen worldwide have increased the need for real and meaningful corporate commitment to social responsibility.

Hospitals Across the Country at Serious Risk for Coordinated Ransomware Attacks

The Federal Bureau of Investigation (“FBI”), the Department of Health and Human Services (“HHS”), and the Department of Homeland Security Cybersecurity and Infrastructure Security Agency (“CISA”) recently announced that hackers have been and will continue to target the United States hospitals and health-care providers. These attacks are cyber in nature and often lead to ransomware attacks, data left, and inevitable disruption of health care services when patient information is locked until the ransom can be paid.

Feeling Lucky (or Manipulated)?

Sports betting is now just as easy as opening up an app and playing a game on your phone. But should it?

Of course not. Sports gambling, with the potential to waste away thousands of dollars, should feel more like gambling at a casino than making a few clicks on a phone.

The Professional and Amateur Sports Protection Act of 1992 (PASPA) effectively outlawed sports betting nationwide. However, in Murphy v. National Collegiate Athletic Association, the Supreme Court struct down PASPA, launching the phrenzy towards nationwide legalization. Sports betting is fully legal and operational in 18 states in addition to Washington D.C. with the possibility of 13 more states joining the national trend by the end of 2021.

In June 2019, Governor Pritzker signed the Sports Wagering Act into law, ushering in legal sports gambling in Illinois. The law initially required users to submit applications for sports wagering services in person. However, due to the pandemic Governor Pritzker issued several Executive Orders suspending this requirement through at least November 14. With the pandemic still in full swing, there is little reason why this suspension will not be extended again.

This Tweet Has Been Removed: The basics of what’s going on in the war between Trump and Twitter 

Twitter made the news once again yesterday after removing a tweet by Dr. Scott Atlas, one of President Trump’s main White House Coronavirus advisors. The tweet, which questioned the effectiveness of wearing masks in combatting the virus, was said to have violated a policy on misleading information relating to COVID-19.   

This comes just days after Twitter was criticized for “limiting sharing” of a New York Post article because it exposed private information (read: personal email addresses) and contained material obtained through hacking.   

Allegations that big tech companies are guilty of “censoring” information on their social media platforms are far from new. A Pew Research Center survey conducted in 2018 revealed that 72% of the public thought that social media platforms actively censored political views. Results from this year’s version of the same survey found roughly the same results.   

Even the President has waged a war against Twitter. His criticisms of Twitter for “silencing conservative viewpoints” escalated to threats of “shutdowns” or at least heavy regulation in response to the site adding a fact-check warning to tweets that claimed that “mail-in ballots are fraudulent” without any evidence. Not long after, Trump signed an executive order attempting to punish social media companies.

The Clean Air Act: Private Groups Fill Regulatory Void – Sue to Hold EPA Accountable for Failure to Properly Regulate Dangerous Emissions

On October 13, 2020 Earthjustice filed a petition for review with the D.C. Circuit Court of Appeals on behalf of a coalition of environmental groups and scientists asserting that a Final Rule promulgated by the Environmental Protection Agency (“EPA”) failed to adequately regulate certain carcinogenic emissions as required by the Clean Air Act. The Miscellaneous Organic Chemical Manufacturing (“MON”) rule, effective as of August 12, 2020, regulates toxic emission of about 200 chemical plants which release dangerous carcinogens including ethylene oxide which have been shown to be contributing to cancer hotspots around the country.  However, the petitioners contend that the final MON rule fails to properly regulate unacceptable levels of risk posed by ethylene oxide and the other carcinogens released by MON facilities.

Covid-19 Tenant Eviction Long-Term Relief: Designing a more Effective Data Privacy Remedy in Tenant Screening

Covid-19 has not only damaged the health and physical well-being of those stricken by the potentially deadly coronavirus, but it has also ravaged the livelihoods and financial stability of many millions more people around the world. The virus spread across the U.S. with incredible speed as more than 100,000 people had already been infected by early March. In many ways the unexpected and quick arrival of the pandemic caught many households financially unprepared and ill-equipped to survive the economic shutdown unscathed. For those that have experienced rent hardship and have, or will soon, be subject to an eviction for non-payment of rent, they must recover not only from the short-term challenges of finding shelter and putting their lives back together, but also the long-term struggle of finding suitable housing with an often disqualifying and indelible mark on their rental history.